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MRS M. E. ENABOIFO & ANOR v. IBOROABASI FRANCIS UMOREN

(2010) JELR 33219 (CA)

Court of Appeal  •  CA/C/07/2010  •  15 Dec 2010  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MASSOUD A. OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment) The Appellants were the defendants in Suit No.FHC/CA/CS/33/2008 commenced by the Respondent through the writ of Summons and Statement of claim filed on 26th June, 2008 at the Federal High court, Calabar. The Respondent had sought a declaration that he was entitled to payment of his unpaid entitlement when he was in service of Federal Government at Federal Training Centre, Calabar and an order for payment of that entitlement being a total of N287, 829.89.

The appellants' statement of defence filed on 2nd February 2008 was on 4th February 2008 deemed as properly filed and the respondent thereafter filed a Reply to that statement of defence. After completion of the pleadings, the appellants by the motion on notice filed on 9th February, 2009, sought declarations that the action was statute barred and did not disclose any cause of action as well as an order striking out the action.

The motion was supported by affidavit of 5 p…

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